Law is nothing but a set of rules that control human actions and maintains the societal order backed by sanctions. So it’s a tool for social control.
Natural human tendency, our basic tenets, characters, customs are a major component of law which qualifies all the criteria accepted by people at large.
Meaning thereby, theft, murder, sexual abuse etc are some barbaric character of human beings, we all have an evil side and those evil characters are not been accepted in the society…they are classified as crime…
Human characters, their natural evil side should always be prevented from taking over their good character… This is precisely the purpose of law….
One of the important institution is judiciary which is responsible for implementing the laws to control the evil character and maintains societal order.. But judges are also belong to the same group of homo sapiens…may be with some extra quotient of integrity and morality… but they are also having some evil characters, they are also vulnerable at times… So being a ordinary person, or citizen how can I be sure of the fact that justice will be delivered always?
The latest judgment which has taken away the ancestral property rights of the girl child with an imposition of arbitrary date in place…. has showed the mind set of the judges, it showed their character.
On the contrary, in a significant judgement, Allahabad High Court has ruled that a child born out of rape will have inheritance rights over the property of the assaulter, the “biological father”.
A Division Bench of Justice Shabihul Hasnain and Justice D K Upadhayaya said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property.
We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the Personal Law to which the person is subject irrespective of the manner of birth of the person. It is irrelevant as to whether the newly-born child of a rape victim is born out of consensual sex or otherwise,” the Lucknow bench of the High Court said yesterday. This has shown a very optimistic and open minded character of the judges..
But the most important question is what would be the expectation of ordinary citizen of this country if they are not sure about the fulfillment of their basic expectations of getting justice in this dichotomous justice system.
The concept of legitimate expectation is grossly violated and this leads to poor number of registration of FIRs, and this shows citizen’s lack of faith in judiciary, they are not sure!!!
This need to change, we need to have a coherent form of judgments, which will fulfil the legitimate expectations ….
Lots of love and respect !!!